The following words, terms and phrases, when used in this chapter, shall have the meaning(s) ascribed to them in this section, except where the context clearly indicates a different meaning:
CHIEF OF POLICE: The chief of police of the village of Glendale Heights or his/her designee.
CHRONIC NUISANCE PROPERTY: Any property located within the village upon which three (3) or more nuisance activities within a six (6) month period have occurred as a result of separate factual events that have either: a) been independently investigated and verified by any law enforcement agency and/or the village's community development department, or b) for which citations or criminal complaints for offenses defined as a nuisance activity occurring within a six (6) month period have been adjudicated with findings of liable or findings of guilty having been entered either by a village of Glendale Heights administrative hearing officer or by a court of competent jurisdiction.
CONTACT: Includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services.
CONTROL: The ability or legal duty to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property either directly or by intervention of any governmental authority or by virtue of parent/child relationship or guardian/ward relationship. For all purposes of this chapter, a parent or guardian shall be conclusively deemed to have control over his or her respective child or ward, as the case may be.
DISABILITY: With respect to a person:
A. A physical or mental impairment, which substantially limits one or more of such person's major life activities;
B. A record of having such an impairment; or
C. Being regarded as having such an impairment, but such term does not include current illegal use of, or addiction to, a controlled substance as defined in the federal controlled substance act, 21 USC 802.
DOMESTIC VIOLENCE: "Abuse" as defined in section 103 of the Illinois domestic violence act of 1986 by a "family or household member" as defined in section 103 of the Illinois domestic violence act of 1986 1 .
DWELLING: A building that contains one or two (2) dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
LANDLORD: The owner of a building or the owner's agent with regard to matters concerning landlord's leasing of a dwelling.
NUISANCE ACTIVITIES: Any of the following building code violations, property maintenance code violations, ordinance violations or criminal activities, behavior or conduct, as defined by state law or similar provisions of this code:
A. Disorderly conduct, as defined in 720 Illinois Compiled Statutes 5/26-1 or section 6-6A-3 of this code;
B. Unlawful use of weapons, as defined in 720 Illinois Compiled Statutes 5/24-1 et seq., or section 6-6D-1 of this code;
C. Mob action, as defined in 720 Illinois Compiled Statutes 5/25-1 or section 6-6A-7 of this code;
D. Discharge of a firearm, as defined in 720 Illinois Compiled Statutes 5/24-1.2 and 1.5, or section 6-6D-4 of this code;
E. Gambling, as defined by 720 Illinois Compiled Statutes 5/28-1, or section 6-6C-1 of this code;
F. Possession, manufacture, or delivery of controlled substances, as defined by 720 Illinois Compiled Statutes 570/401 et seq., or section 6-6C-5 of this code;
G. Public indecency, as defined by 720 Illinois Compiled Statutes 5/11-30 or section 6-6C-2 of this code;
H. Assault, as defined in 720 Illinois Compiled Statutes 5/12-1 or section 6-6A-1 of this code;
I. Aggravated assault, as defined in 720 Illinois Compiled Statutes 5/12-2;
J. Battery, as defined in 720 Illinois Compiled Statutes 5/12-3 or section 6-6A-2 of this code;
K. Aggravated battery, as defined in 720 Illinois Compiled Statutes 5/12-3.05;
L. Reckless conduct, as defined in 720 Illinois Compiled Statutes 5/12-5;
M. Hate crime, as defined in 720 Illinois Compiled Statutes 5/12-7.1;
N. Sexual abuse or related offense, as defined in 720 Illinois Compiled Statutes 5/11-1.50 or 5/11-1.60;
O. Prostitution, as defined in 720 Illinois Compiled Statutes 5/11-14 et seq., or lewdness public nuisance act, as defined in 740 Illinois Compiled Statutes 105/0.01 et seq.;
P. Criminal damage to property, as defined in 720 Illinois Compiled Statutes 5/21-1 et seq., or section 6-6B-2 of this code;
Q. Illegal possession, cultivation, manufacture, or delivery of cannabis, as defined in 720 Illinois Compiled Statutes 550/1 et seq., or section 6-6C-5 of this code;
R. Illegal consumption or possession of alcohol by a person under the age of twenty one (21) years, as defined in 235 Illinois Compiled Statutes 5/1 et seq., or section 4-3-30 of this code;
S. Criminal housing management, as defined in 720 Illinois Compiled Statutes 5/12-5.1;
T. Nuisance, as defined in 720 Illinois Compiled Statutes 5/37-1;
U. Two (2) or more separate violations of the village's building code, title 10, chapter 2 of this code, or property maintenance code, title 10, chapter 9 of this code, which continue after a disposition by a finding of guilty by the circuit court of DuPage County for those violations, or similar finding of liability by the village administrative hearing officer.
OWNER: Any person, partnership, land trust, or corporation having any legal or equitable interest in the property. In addition, owner includes, but is not limited to:
A. A mortgagee in possession in whom is vested:
1. All or part of the legal title to the property.
2. All or part of the beneficial ownership and the rights to the present use and enjoyment of the premises.
B. An occupant who can control what occurs on the property.
C. Any person acting as an agent of an "owner" as defined herein.
PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or attempt to prevent, or expressly assent or agree to the doing of an act.
PERSON: Any natural person, association, partnership, corporation, or other entity capable of owning, occupying, or using property in the village.
PERSON IN CHARGE: Any person in actual or constructive possession of a property, including, but not limited to, an owner, property manager, tenant or occupant of the property in question under his or her ownership or control.
PROPERTY: Any real property, including its land and that which is affixed, incidental, or pertinent to land, including, but not limited to, any premises, room, house, building, or structure, or any separate part or portion thereof, whether occupied or leased for residential purposes, owned, leased or used for commercial purposes, whether under written or oral agreement.
RENTAL OR LEASE AGREEMENT: All written and oral agreements of whatever duration, which embody the terms and conditions of the use and occupancy of a residential dwelling unit or commercial property.
RENTAL RESIDENTIAL PROPERTY: Residential structures or dwelling units, not owner occupied, intended to be rented or leased, including single-family detached structures containing only one dwelling unit, condominium units, townhouse units, and multiple-family dwelling residential structures and intended to be used as a home, residence or sleeping place by one or more persons who maintain a household, together with all land, appurtenances, buildings and common areas whether rented or leased with or without compensation to tenants, including family members.
SHALL: Mandatory and not merely directory or permissive.
TENANT: A person who has entered into an oral or written lease with a landlord whereby the person is the lessee under the lease, or otherwise entitled to possession of the property whether or not payment is provided for the tenancy.
VILLAGE: The village of Glendale Heights, DuPage County, Illinois.
VILLAGE CODE: The village code of ordinances of the village of Glendale Heights, from time to time in effect, including all codes adopted by specific reference. (Ord. 2016-54, 10-6-2016; amd. Ord. 2020-01, 1-9-2020)
Notes
| 1 | 1. 750 ILCS 60/art. I et seq. |
| 2 | 1. 765 ILCS 750/10. |